European Commission 29 October 2012, Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union Also known as
The Commission Delegated Regulation (EU) No 1268/2012 outlines the rules for implementing Regulation (EU, Euratom) No 966/2012 regarding the financial rules applicable to the Union's general budget. It establishes key provisions on budgetary principles, transparency, and sound financial management, including the management of assigned revenue, the roles of financial actors, and the procurement procedures to ensure equal treatment and transparency in public contracts. The regulation emphasizes the importance of protecting the financial interests of the Union while ensuring compliance with principles of accountability and efficiency in budget implementation.AI
European Union ·
Table of Contents PART ONE. COMMON PROVISIONS TITLE I. SUBJECT MATTER Article 1. Subject matter TITLE II. BUDGETARY PRINCIPLES CHAPTER 1. Principles of unity and budgetary accuracy Article 2. Accounting for interest yielded on pre-financing CHAPTER 2. Principle of annuality Article 3. Appropriations for the financial year Article 4. Cancellation and carryover of appropriations CHAPTER 3. Principle of unit of account Article 5. Rate of conversion between the euro and other currencies Article 6. Rate to be used for conversion between the euro and other currencies CHAPTER 4. Principle of universality Article 7. Structure to accommodate assigned revenue and provision of corresponding appropriations Article 8. Contributions from Member States to research programmes Article 9. Assigned revenue resulting from the participation of EFTA States in certain Union programmes Article 10. Proceeds of sanctions imposed on Member States declared to have an excessive deficit Article 11. Charges entailed by acceptance of donations to the Union Article 12. Accounts for recoverable taxes CHAPTER 5. Principle of specification Article 13. Rules concerning the calculation of percentages of transfers of the institutions other than the Commission Article 14. Rules concerning the calculation of percentages of transfers of the Commission Article 15. Administrative expenditure Article 16. Grounds for requests for transfers of appropriations Article 17. Grounds for requests for transfers from the emergency aid reserve CHAPTER 6. Principle of sound financial management Article 18. Evaluation Article 19. Financial statement CHAPTER 7. Principle of transparency Article 20. Provisional publication of the budget Article 21. Publication of information on value and recipients of Union funds Article 22. Link to the publication of information on recipients of Union funds awarded under indirect management TITLE III. ESTABLISHMENT AND STRUCTURE OF THE BUDGET Article 23. Financial programming Article 24. Draft amending budgets Article 25. Budget nomenclature Article 26. Actual expenditure in the last financial year for which the accounts have been closed Article 27. Budget remarks Article 28. Establishment plan TITLE IV. IMPLEMENTATION OF THE BUDGET CHAPTER 1. General provisions Article 29. Information on transfers of personal data for audit purposes Article 30. Preparatory measures in the field of the common foreign and security policy Article 31. Specific powers of the Commission under the Treaties Article 32. Acts likely to constitute a conflict of interests and procedure CHAPTER 2. Methods of implementation Section 1. General provisions Article 33. Management mode Section 2. Direct Management Article 34. Direct management Article 35. Exercise of powers delegated to executive agencies Article 36. Compliance with the procurement rules Section 3. Shared management with Member States Article 37. Specific provisions for shared management with Member States measures to promote best practices Section 4. Indirect management Article 38. Equivalence of systems, rules and procedures in indirect management Article 39. Ex ante assessment of rules and procedures of the entities and persons in indirect management Article 40. Content of the agreement entrusting budget implementation tasks to entities and persons Article 41. Management declaration and compliance statement Article 42. Procedures for the examination and acceptance of the accounts and exclusion from Union financing of expenditure made in breach of applicable rules under indirect management Article 43. Specific provisions for indirect management with international organisations Article 44. Designation of public law bodies or bodies governed by private law with a public-service mission CHAPTER 3. Financial actors Section 1. Rights and obligations of the financial actors Article 45. Rights and obligations of the financial actors Section 2. Authorising officer Article 46. Assistance for authorising officers by delegation and subdelegation Article 47. Internal provisions governing delegations Article 48. Keeping of supporting documents by authorising officers Article 49. Ex ante and ex post controls Article 50. Code of professional standards Article 51. Failure of the authorising officer by delegation to take action Article 52. Transmission of financial and management information to the accounting officer Article 53. Report on negotiated procedures Section 3. Accounting officer Article 54. Appointment of the accounting officer Article 55. Termination of duties of the accounting officer Article 56. Validation of accounting and inventory systems Article 57. Treasury management Article 58. Management of bank accounts Article 59. Signatures on accounts Article 60. Management of account balances Article 61. Transfers and conversion operations Article 62. Methods of payment Article 63. Legal entities files Article 64. Keeping of supporting documents by the accounting officer Article 65. Persons empowered to administer accounts Section 4. Imprest administrator Article 66. Conditions of use of imprest accounts Article 67. Conditions governing creation and payment Article 68. Choice of imprest administrators Article 69. Endowment of imprest accounts Article 70. Checks by authorising officers and accounting officers Article 71. Procurement procedure Article 72. Creation of imprest accounts Article 73. Imprest administrators and persons empowered to administer accounts in the Union delegations CHAPTER 4. Liability of the financial actors Section 1. General rules Article 74. Bodies responsible in matters of fraud Section 2. Rules applicable to authorising officers by delegation and subdelegation Article 75. Financial irregularities Article 76. Financial Irregularities Panel Article 77. Confirmation of instructions CHAPTER 5. Revenue operations Section 1. Own resources Article 78. Rules applying to own resources Section 2. Estimate of amounts receivable Article 79. Estimate of amounts receivable Section 3. Establishment of amounts receivable Article 80. Procedure Article 81. Establishment of amounts receivable Article 82. Supporting documents for the establishment of amounts receivable Article 83. Default interest Section 4. Authorisation of recovery Article 84. Establishment of the recovery order Article 85. Enforceable decision for the benefit of other institutions Section 5. Recovery Article 86. Collection formalities Article 87. Recovery by offsetting Article 88. Recovery procedure failing voluntary payment Article 89. Additional time for payment Article 90. Recovery of fines or other penalties Article 91. Waiving of recovery of an established amount receivable Article 92. Cancellation of an established amount receivable Article 93. Rules for limitation periods CHAPTER 6. Expenditure operations Article 94. Financing decision Section 1. Commitment of expenditure Article 95. Global and provisional commitments Article 96. Adoption of a global commitment Article 97. Single signature Article 98. Administrative expenditure covered by provisional commitments Article 99. Registration of individual legal commitments Section 2. Validation of expenditure Article 100. Validation and ‘passing for payment’ Article 101. Certified correct for pre-financing payments Article 102. Passing for payment of procurement contracts for interim and balance payments Article 103. Passing for payment of grants for interim and balance payments Article 104. Passing for payment of staff expenditure Article 105. Material form of ‘passed for payment’ Article 106. Material form of ‘certified correct’ Section 3. Authorisation of payments Article 107. Checks on payments by the authorising officer Article 108. Mandatory details on payment orders and transmission to the accounting officer Section 4. Payment of expenditure Article 109. Types of payment Article 110. Supporting documents Section 5. Time limits for expenditure operations Article 111. Payment time limits and default interest CHAPTER 7. IT systems Article 112. Description of IT systems Article 113. Periodical save CHAPTER 8. Internal auditor Article 114. Appointment of the internal auditor Article 115. Resources for the internal auditor Article 116. Work programme Article 117. Reports of the internal auditor Article 118. Independence Article 119. Liability of the internal auditor Article 120. Action before the Court of Justice of the European Union TITLE V. PROCUREMENT CHAPTER 1. General provisions Section 1. Scope and award principles Article 121. Definitions and scope Article 122. Framework contracts and specific contracts Section 2. Publication Article 123. Advertising of contracts covered by Directive 2004/18/EC Article 124. Advertising of contracts not covered by Directive 2004/18/EC Article 125. Publication of notices Article 126. Other forms of advertising Section 3. Procurement procedures Article 127. Types of procurement procedure Article 128. Number of candidates in restricted or negotiated procedures Article 129. Arrangements for negotiated procedures Article 130. Contests Article 131. Dynamic purchasing system Article 132. Competitive dialogue Article 133. Joint procurement Article 134. Use of a negotiated procedure without prior publication of a contract notice Article 135. Use of a negotiated procedure after prior publication of a contract notice Article 136. Procedure involving a call for expressions of interest Article 137. Low-value contracts Article 138. Tender documents Article 139. Technical specifications Article 140. Price revision Article 141. Illegal activities giving rise to exclusion Article 142. Application of exclusion criteria and duration of exclusion Article 143. Evidence Article 144. Central database Article 145. Administrative and financial penalties Article 146. Selection criteria Article 147. Economic and financial capacity Article 148. Technical and professional capacity Article 149. Award arrangements and criteria Article 150. Use of electronic auctions Article 151. Abnormally low tenders Article 152. Time limits for receipt of tenders and requests to participate Article 153. Time allowed for access to tender documents Article 154. Time limits in urgent cases Article 155. Methods of communication Article 156. Tender guarantees Article 157. Opening of tenders and requests to participate Article 158. Committee for the evaluation of tenders and requests to participate Article 159. Results of the evaluation Article 160. Contacts between contracting authorities and tenderers Article 161. Information for candidates and tenderers Article 162. Signature of the contract Section 4. Guarantees and corrective action Article 163. Guarantees Article 164. Performance guarantee Article 165. Guarantee for pre-financing Article 166. Suspension in the event of errors or irregularities CHAPTER 2. Provisions applicable to contracts awarded by the Union institutions on their own account Article 167. Identification of the appropriate level for the calculation of thresholds Article 168. Separate contracts and contracts with lots Article 169. Arrangements for estimating the value of certain contracts Article 170. Thresholds for application of the procedures under Directive 2004/18/EC Article 171. Standstill period before signature of the contract Article 172. Evidence of access to contracts TITLE VI. GRANTS CHAPTER 1. Scope and form of grants Article 173. Subscriptions Article 174. Agreement and decision for grants Article 175. Expenditure on the members of the institutions Article 176. Actions which may receive grants Article 177. Bodies pursuing an aim of general Union interest Article 178. Partnerships Article 179. Electronic exchange systems Article 180. Content of grant agreements and decisions Article 181. Forms of grants Article 182. Lump sums, unit costs and flat-rate financing CHAPTER 2. Principles Article 183. Co-financing principle Article 184. No-profit principle Article 185. Low value grants Article 186. Technical assistance Article 187. Eligible costs Article 188. Programming Article 189. Content of calls for proposals Article 190. Exceptions to calls for proposals Article 191. Ex post publication Article 192. Information for applicants Article 193. Financing from separate budget lines Article 194. Retroactive effect of funding in cases of extreme urgency and conflict prevention Article 195. Submission of grant applications CHAPTER 3. Award procedure Article 196. Content of grant applications Article 197. Evidence of non-exclusion Article 198. Applicants without legal personality Article 199. Entities forming one applicant Article 200. Financial and administrative penalties Article 201. Eligibility criteria Article 202. Selection criteria Article 203. Award criteria Article 204. Evaluation of applications and award Article 205. Information for applicants CHAPTER 4. Payment and control Article 206. Pre-financing guarantee Article 207. Supporting documents for payment requests Article 208. Suspension and reduction of grants CHAPTER 5. Implementation Article 209. Implementation contracts Article 210. Financial support to third parties TITLE VII. PRIZES Article 211. Programming Article 212. Rules of contests Article 213. Ex post publication Article 214. Evaluation Article 215. Information and notification TITLE VIII. FINANCIAL INSTRUMENTS Article 216. Selection of the entities entrusted with the implementation of financial instruments in indirect management Article 217. Content of the delegation agreement with entities entrusted with the implementation of financial instruments in indirect management Article 218. Management costs and fees to entrusted entities Article 219. Specific rules for fiduciary accounts in indirect management Article 220. Financial instruments implemented directly Article 221. Selection of financial intermediaries, managers of dedicated investment vehicles and of final recipients Article 222. Conditions for the use of financial instruments Article 223. Leverage effect Article 224. Ex ante evaluation of financial instruments Article 225. Monitoring of financial instruments Article 226. Treatment of contributions from the CSF Funds TITLE IX. PRESENTATION OF THE ACCOUNTS AND ACCOUNTING CHAPTER 1. Presentation of the accounts Article 227. Report on budgetary and financial management during the year Article 228. Exception to the accounting principles Article 229. Supporting documents Article 230. Statement of financial performance Article 231. Cash flow statement Article 232. Notes to the financial statements Article 233. Budgetary outturn accounts Article 234. Modalities of transmission of accounts CHAPTER 2. Accounting Section 1. Organisation of the accounts Article 235. Organisation of the accounts Article 236. Computerised systems Section 2. Accounting ledgers Article 237. Accounting ledgers Article 238. Trial balance Article 239. Accounting reconciliations Section 3. Registration Article 240. Entries in the accounts Article 241. Accounting records Article 242. Recording in the journal Article 243. Validation of entries Section 4. Reconciliation and verification Article 244. Reconciliation of accounts Section 5. Budget accounts Article 245. Content and keeping of budget accounts CHAPTER 3. Property inventories Article 246. Property inventories Article 247. Safeguarding property Article 248. Entry of items in the inventory Article 249. Content of the inventory for each item Article 250. Inventory checks of movable property Article 251. Resale of tangible assets Article 252. Procedure for sale of tangible assets Article 253. Procedure for disposing of tangible assets Article 254. Inventory and advertising of sales in Union delegations PART TWO. SPECIAL PROVISIONS TITLE I. RESEARCH Article 255. Types of operations Article 256. Additional rules applicable to the JRC TITLE II. EXTERNAL ACTIONS CHAPTER I. General provisions Article 257. Actions which may be financed CHAPTER II. Budget support and multi-donor trust funds Article 258. Use of budget support Article 259. Union trust funds for external actions CHAPTER III. Procurement Article 260. Renting of buildings Article 261. Definitions Article 262. Special provisions relating to thresholds and the arrangements for awarding external contracts Article 263. Advertising and non-discrimination Article 264. Advertising Article 265. Thresholds and procedures for awarding service contracts Article 266. Use of the negotiated procedure for service contracts Article 267. Thresholds and procedures for awarding supply contracts Article 268. Use of the negotiated procedure for supply contracts Article 269. Thresholds and procedures for awarding works contracts Article 270. Use of the negotiated procedure for works contracts Article 271. Use of the negotiated procedure for buildings contracts Article 272. Choice of procurement procedure for mixed contracts Article 273. Tender documents Article 274. Guarantees Article 275. Time limits for procedures Article 276. Evaluation committee CHAPTER IV. Grants Article 277. Financing in full TITLE III. EUROPEAN OFFICES Article 278. The European offices and setting up of additional offices Article 279. Delegations by the institutions to interinstitutional European offices Article 280. Specific rules for the Publications Office Article 281. Delegation of certain tasks by the accounting officer Article 282. Treasury — bank accounts TITLE IV. ADMINISTRATIVE APPROPRIATIONS Article 283. General provisions Article 284. Rent guarantees Article 285. Advances to staff and members of the institutions Article 286. Buildings TITLE V. EXPERTS Article 287. Remunerated external experts PART THREE. FINAL AND TRANSITIONAL PROVISIONS Article 288. Transitional provisions Article 289. Repeal Article 290. Entry into force 31.12.2012
EN
Official Journal of the European Union
L 362/1
COMMISSION DELEGATED REGULATION (EU) No 1268/2012
of 29 October 2012
on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the
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